Nursing homes should offer a safe, nurturing environment for our community’s senior citizens, never leaving room for doubt that your loved ones are being cared for with compassion and respect. Unfortunately, this is not always true. An experienced nursing home abuse attorney can attest to this unfortunate reality.
When residential care facilities do not uphold the proper level of care, nursing home neglect can be the result. Hoffman Law Firm is working hard to put an end to elderly abuse and neglect here across the entire state of South Carolina.
If you or a loved one have experienced nursing home abuse in Charleston or anywhere else in South Carolina, we’re here to help. Our elder abuse lawyers have the experience necessary to fight for the compensation you deserve – and we are eager to get started.
You can rest assured that the lawyer you first meet with will see your case through to the end. We never pass case files from one lawyer to the next or leave you with unanswered questions or concerns.
We pride ourselves on providing the highest quality personal communication, one thing that sets Hoffman Law Firm apart from out-of-state law firms lacking roots in our community.
We’re always here to help, so schedule your free consultation today!
Hundreds-to-millions in settlements won for survivors of abuse throughout the Lowcountry, Hoffman Law Firm delivers serious results.
100% Confidential • Free Case Review • No Obligation
Is the case review really free?
Yes. Your initial case review costs nothing. Our legal team will hear what happened, answer your questions, and explain your options.
If we take your case, we work on a contingency fee basis, meaning you do not pay attorney fees unless we successfully recover compensation for you.
Schedule your free consultation today.
$0 Upfront Fee. No Commitment to Hire.
How do I know if an injury is neglect or just a result of getting older?
Aging can bring frailty and health changes, but serious or preventable harm should not automatically be considered a normal part of aging.
According to the CDC, falls are a major health concern for older adults, and certain medications and other risk factors can increase fall risk. The National Institute on Aging also provides guidance on health risks affecting older adults. These issues can become warning signs when a facility fails to provide appropriate care or follow a resident’s care plan.
Potential red flags include:
South Carolina law defines neglect as a caregiver’s failure to provide necessary care, food, medicine, supervision, or medical services when that failure causes or creates a substantial risk of physical or mental injury. A nursing home resident is considered a vulnerable adult under the law.
Hoffman Law Firm can work with appropriate medical professionals to review facility charts, physician orders, care plans, and shift records to determine whether your loved one’s injury may have been preventable.
What if my loved one has dementia or cannot clearly explain what happened?
Your loved one’s inability to clearly describe an incident does not necessarily prevent your family from pursuing a legal claim.
South Carolina’s Omnibus Adult Protection Act specifically recognizes a resident of a facility as a vulnerable adult and defines neglect to include a caregiver’s failure to provide necessary care or services when that failure causes, or creates a substantial risk of causing, injury.
A case does not have to rely on your loved one’s memory alone. Other evidence may include:
Hoffman Law Firm can investigate and preserve available medical, administrative, and facility records to help establish what happened, even when your loved one has difficulty communicating.
Will reporting the facility or contacting a lawyer lead to retaliation against my loved one?
Nursing home residents have rights to raise concerns about their care and seek assistance. Retaliation or interference with a resident’s rights should be taken seriously.
South Carolina law requires certain professionals and other individuals with knowledge or reason to believe a vulnerable adult has been abused, neglected, or exploited to report the situation. The law also identifies the Long Term Care Ombudsman Program and Adult Protective Services among the investigative entities responsible for receiving reports.
If you believe your loved one is being mistreated after a complaint, document what happened and report serious concerns promptly. If the resident is in immediate danger, call 911.
Hoffman Law Firm can help your family document concerns, communicate with the facility, and evaluate legal options. We can also help you understand available resources for addressing unsafe care or placement concerns. Schedule your free consultation today.
Does our family have to report the abuse to the state before filing a personal injury lawsuit?
No. You can consult an attorney about a potential civil claim without first completing a state abuse or neglect investigation.
Reporting suspected abuse or neglect to the appropriate South Carolina authority can still be important. State law establishes reporting and investigative procedures for suspected abuse, neglect, and exploitation of vulnerable adults.
A regulatory investigation and a civil claim serve different purposes. A civil claim may seek compensation for losses such as medical expenses, treatment, additional care, and pain and suffering.
Hoffman Law Firm can help your family understand both the reporting process and potential civil claim while working to preserve important evidence. Schedule your free consultation today.
What if the facility claims the injury was an unavoidable accident?
A facility’s statement that an injury was an “unavoidable accident” does not automatically establish that the facility is not responsible.
The circumstances should be investigated to determine whether appropriate care and supervision were provided. Important questions may include:
Research published through the National Institutes of Health has found associations between staffing levels, missed nursing care, and adverse outcomes such as pressure ulcers, medication errors, infections, and falls. A 2026 study published in the Journal of the American Medical Directors Association also examined the relationship between nursing home staffing levels and injurious falls. These studies do not establish that every injury results from understaffing, but they support examining staffing and care practices when investigating a serious incident.
Hoffman Law Firm can review facility records, staffing information, inspection findings, and other evidence to determine whether your loved one’s injury may have resulted from inadequate care or supervision.
UNDERSTAND THE SIGNS OF ELDERLY ABUSE
It is important to be able to notice the signs of abuse. There are several very common signs to look out for including:
Behavioral changes (withdrawal, a change in cognitive abilities or alertness, depression etc.)
Confrontational fights between the senior and their caregiver.
Injuries such as bruises, cuts, burns, or broken bones.
Senior seems timid around a caregiver.
Unattended medical issues (poor hygiene, rapid weight loss etc.)
If you see any of the warning signs above, you should document and report it. There are several ways to document the signs like logging it on paper, taking pictures of injuries and other health issues. You can also get written statements from the senior being abused and any witnesses.
For emergencies, if you need immediate medical attention for abuse, call 911 for asap for help.
SPEAK WITH THE ELDERLY PERSON
You need to speak directly with the elderly person. Indeed, they might feel embarrassed or afraid, however they truly need you. The senior citizen may be waiting for the right time and person to speak about the abuse.
Unfortunately, the senior might deny abuse even if it’s obvious. This can be quite common if the abuser is a family member.
If the elderly person tries to deny it, you should still report it. The authorities will take your suspicion into consideration and investigate for the truth.
REPORT IT
For non-life threatening emergencies, you can call either:
National Elder Fraud Hotline
1-833–FRAUD–11
(or 833–372–8311)
10AM – 6PM Eastern Time
Monday – Friday
Eldercare Locator Helpline
1-800-677-1116
For emergencies needing immediate attention, call 911.
If you are a bystander reporting abuse:
If the abuse is a result of a nursing home or caregiver (not family), the senior’s family may not be aware of elder abuse. You should inform them immediately.
Plus, speaking with the victim’s family members could help resolve the issue faster. Families often have the ability to intervene in a timelier fashion.
For example, if the abuser is a hired caregiver, the senior’s family has the ability to quickly remove them from access to the elderly person and terminate them. Then, they can report the incident to the police.
If you are family or close to elderly:
You should continue to follow the steps listed.
MAKE A REPORT
It is NEVER your responsibility to prove elder abuse is occurring, it’s the authorities.
You simply need to provide the proper authorities with a detailed report that shows why you suspect elderly abuse.
As you gather documentation, you should consider the following:
CONTACT A TRUSTED ELDERLY ABUSE ATTORNEY
At Hoffman Law Firm, we fight for justice when good people are taken advantage of.
You and your family can trust that we will make sure all parties are held accountable for their actions and proper compensation is offered for all endured. If you are in the Palmetto State and need legal counsel for elderly abuse or nursing home abuse, we are ready to help.
Plus, your initial consultation is completely free!
CALL:
National Elder Fraud Hotline
1-833–FRAUD–11
(or 833–372–8311)
10AM – 6PM Eastern Time
Monday – Friday
Eldercare Locator Helpline
1-800-677-1116
When a nursing home fails to provide proper care, its aging residents suffer at the hands of their negligent health care workers. Our community’s most vulnerable citizens can also face the detrimental effects of physical abuse, emotional abuse, psychological abuse, and sexual abuse. In extreme cases, a wrongful death is the result.
Because the forms of elder abuse are so diverse, injuries sustained in assisted living facilities can be just as wide-ranging. While this is not an exhaustive list, it can be helpful in identifying injuries that are the result of physical abuse or neglect:
Unfortunately, severe cases of nursing home abuse or neglect can even lead to wrongful death. If you or someone you love has been the victim of nursing home abuse or neglect that has resulted in death, Hoffman Law Firm is here to help.
We’ve dedicated legal support to countless grieving families in these difficult times, and we are available to provide legal counsel for your family as well.
Sadly, wrongful deaths happen and is an unfortunate reality in these abuse cases. With solid legal experience, we can help you get through the process. If you need to file a wrongful death lawsuit, reach Hoffman Law Firm today!
The attorneys at Hoffman Law Firm have earned earned Super Lawyers®, Super Lawyers Rising Stars® and recognition from Lawyers of Distinction Member at 5-Star Rating for their dedication to injury clients.
$0 Upfront Attorney Fee. Free Case Review.
Sadly, abuse of elderly is common and can happen in a variety of ways. It can also be inflicted by a caregiver, neighbor, family member, or anyone else. Oftentimes, many cases of abuse go unreported, and the abuse continues undetected. To protect loved ones, it is important to understand the types of elder abuse that often occurs, so you know what to look out for.
Elderly abuse can include but not limited to:
PHYSICAL ABUSE
Abuse in the form can include hitting, pushing, slapping or other physical acts that result in bodily harm.
MENTAL ABUSE
This type of abuse (also known as psychological abuse) can be threats, yelling or using hurtfully explicit language towards the elderly person. The abuser may also prevent contact between the elderly person and their loved ones which is another form of psychological abuse or mental abuse.
SEXUAL ABUSE
Being an elderly person is vulnerable, the caregivers may force them to witness or to perform sexual activities against their will.
NEGLECT
Failure to provide care for the basic personal needs of the elderly is a form of neglect. Examples of this include failing to bathe them or provide them with required medications.
FINANCIAL EXPLOITATION
Taking advantage of the elderly financially can include facts like forging checks or using their credit cards without authorization, which is financial exploitation. According to the National Adult Protective Services Association, 1 in 10 elders seek Medicaid for assistance as a result of their money being stolen.
Those tasked with caring for an older person have a tremendous responsibility to both uphold their dignity and provide a certain standard of care. But, according to the Nursing Home Abuse Center the following issues often cause nursing home employees to fall short:
Understaffing
Inadequate supervision of staff
Staff burnout
Improper hiring or training practices
If you or someone you know has been a victim of nursing home abuse, you may be wondering what type of compensation you can receive.
It truly depends on the specifics of your case. In general, it is strongly recommended that you reach out with an experienced legal team like Hoffman Law Firm right away. We can help you seek maximum compensation!
You may be entitled to compensation for a number of monetary and non-monetary losses, including:
Pain and suffering
Mental anguish
Medical bills
Future medical bills
Nursing home costs
Our Charleston litigators guide clients through the insurance and personal injury claim process, handling negotiations, communicating with insurers, and pursuing fair compensation for injuries and losses.
$0 Upfront Attorney Fee. Free Case Review.
If you or a loved one has suffered harm from suspected nursing home abuse or neglect in Charleston or elsewhere in South Carolina, taking prompt action can help protect their safety and preserve important evidence.
A nursing home abuse or neglect claim may require investigating:
If your loved one remains in an unsafe facility, their immediate safety should come first. Hoffman Law Firm can also help families understand their legal options and determine whether a negligence claim may be appropriate.
Hoffman Law Firm represents nursing home residents and their families in Charleston and throughout South Carolina.
Our attorneys can investigate suspected abuse or neglect, handle communications with the responsible parties and insurers, and pursue a claim when negligence caused harm.
It’s unfortunately true that elderly abuse can be inflicted by anyone, even family members.
If someone you know is facing a life-threatening situation, it’s important to contact the police right away. But if you have suspicions of abuse without an immediate risk, there are still helpful resources including:
Online: Local Adult Protective Services
Eldercare Locator by telephone (Open Monday through Friday, 9 a.m. to 8 p.m. Eastern Time)
Call: 1-800-677-1116
Most states require medical professions in the front lines to report abuse, these professionals are called mandated reporters. These mandated reporters are professionals like physicians, nurses and home health providers who are legally required to report suspected abuse or neglect.
Hoffman Law Firm includes South Carolina Bar Certified attorneys who provide experienced legal representation focused on protecting your rights after an injury.
$0 Upfront Attorney Fee. Free Case Review.
High Plaintiff Recovery Rate: Research published in Health Affairs indicates that plaintiffs recover compensation in approximately 88% of nursing home abuse and neglect claims. This is nearly three times the recovery rate reported for standard medical malpractice litigation.
Average Case Settlements: The national average recovery for nursing home abuse and neglect lawsuits is approximately $400,000 to $406,000.
Punitive Damages Frequency: Approximately 17%, or nearly 1 in 6, resolved nursing home abuse lawsuitsinclude punitive damages. These damages may apply when evidence shows gross negligence or a willful disregard for resident safety.
Pressure Ulcers (Bedsores): Stage 1 and 2 pressure ulcers generally settle between $25,000 and $100,000. More severe Stage 3 and 4 ulcers may result in settlements of $300,000 to $750,000 or more, particularly when complications such as sepsis or osteomyelitis occur.
Preventable Falls & Fractures: Nursing home fall claims involving broken hips, subdural hematomas, or femur fractures typically fall within the $150,000 to $500,000 range. Case value can depend on whether the facility identified the resident’s fall risk and followed the required care plan.
Elopement & Wandering: Cases involving cognitively impaired residents who leave a facility because of inadequate supervision or security failures may result in $500,000 to $1.5 million or more in damages, particularly when exposure, serious injury, or a motor vehicle accident occurs.
Medication Errors & Sepsis: Medication overdoses, omitted medications, or untreated infections that progress to septic shock may result in settlements ranging from $400,000 to $1 million or more.
Wrongful Death: Nursing home abuse or neglect resulting in death may lead to settlements or verdicts ranging from $500,000 to $2.5 million or more. In severe cases involving evidence of corporate negligence or understaffing, jury awards may exceed $5 million to $10 million.
Underreported Abuse: The World Health Organization (WHO) and National Center on Elder Abuse (NCEA) estimate that only 1 in 24 cases of elder abuse is formally reported to authorities.
Facility Prevalence: Studies suggest that approximately 1 in 3 nursing homes in the United States has received citations for violations that caused harm or had the potential to cause serious injury.
Staff Admissions: Anonymous surveys of long-term care facility staff have found that more than 50% of nursing home staff members admit to mistreating residents, including neglect, yelling, or using physical force, during the previous year.
Federal Violations and F-Tags: Under federal regulations, including 42 CFR Part 483 and the Nursing Home Reform Act of 1987, facilities participating in Medicare or Medicaid must follow federal care and safety requirements. State health inspectors document deficiencies using F-Tags, such as F684 for quality of care and F686 for pressure ulcers. These citations may provide important evidence in a negligence claim.
Payroll-Based Journal (PBJ) Data: Attorneys may subpoena CMS Payroll-Based Journal (PBJ) data, which tracks nursing staff hours through payroll records. Staffing records can help determine whether a facility maintained adequate staffing levels and followed its own staffing policies.
Pre-Death Pain and Suffering: Wrongful death laws vary by state. Depending on the circumstances, an elder abuse statute or survival action may allow a claim for the resident’s pain and suffering before death. Some laws may also provide additional remedies, including attorney fee recovery.
Key Data & Research Sources:
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Our experienced South Carolina nursing home abuse attorneys represent families concerned about abuse, neglect, and injuries involving nursing homes and long-term care facilities.
Serving the Lowcountry, Hoffman Law Firm helps families understand their legal options and pursue accountability when a loved one has been harmed.
We can help with nursing home abuse and neglect claims, including communicating with insurance companies and handling the legal process on your family’s behalf.
Contact Hoffman Law Firm today to schedule a free consultation and discuss your loved one’s situation.
With 55+ combined years of injury law and civil litigation experience, the Hoffman Law team is well-equipped to manage your injury claim.
We handle the filing process, gather evidence, communicate with insurance companies, and negotiate for compensation.
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What is the legal difference between nursing home abuse and nursing home neglect?
Nursing home abuse generally involves intentional conduct that harms a resident. Examples may include physical assault, verbal abuse, emotional mistreatment, or unauthorized use of a resident’s money.
Nursing home neglect occurs when a facility fails to provide the care, supervision, or medical attention a resident needs. Examples may include:
Both abuse and neglect can lead to legal claims when a facility’s conduct causes injury or other harm.
Hoffman Law Firm can investigate suspected abuse or neglect, determine who may be responsible, and help your family understand its legal options.
Who can I report nursing home abuse or neglect to in South Carolina?
Yes. South Carolina follows a modified comparative negligence rule with a 51 percent bar.
You may still recover compensation if you are 50 percent or less at fault for your accident. Your compensation is reduced by your percentage of fault.
For example, if you receive a $100,000 award but are found 20 percent responsible, your recovery would be reduced to $80,000.
If you are found 51 percent or more at fault, you generally cannot recover damages.
Hoffman Law Firm can review the circumstances of your fall and help address disputes over fault that may affect your premises liability claim.
Can I sue a nursing home if my loved one developed severe bed sores?
Possibly. Bed sores, also called pressure ulcers or pressure injuries, can develop when a resident does not receive appropriate care and monitoring.
The risk can increase when a resident is unable to move independently and does not receive appropriate repositioning, nutrition, hydration, skin care, or medical attention.
A serious pressure injury may require hospitalization, surgery, wound care, or treatment for infection. Whether the nursing home is legally responsible depends on the specific facts and medical evidence.
Hoffman Law Firm can investigate your loved one’s care, review the medical records, and determine whether neglect may have contributed to the pressure injury.
How do you prove negligence in a South Carolina nursing home claim?
A nursing home negligence claim generally requires evidence showing that:
Evidence may include:
Some claims involving medical care may also have additional requirements under South Carolina law, including expert support before a lawsuit can be filed.
Hoffman Law Firm can gather and review the available records, investigate the facility’s care, and help determine whether a legal claim may exist.
I fell at a friend's or family member's house. Will filing a claim hurt them personally?
Usually, pursuing a premises liability claim after a fall at a friend or family member’s home does not mean you are personally seeking money from your friend or relative.
Depending on the circumstances, a claim may be made against the applicable homeowners or renters insurance policy. The insurance company may handle the claim and provide a defense under the policy.
However, insurance coverage and liability depend on the specific facts and policy involved.
Hoffman Law Firm can explain your options and help handle communications with the insurance company while you focus on recovering from your injuries.
How long do I have to file a nursing home abuse lawsuit in South Carolina?
The deadline depends on the type of claim and the circumstances involved.
For many personal injury claims in South Carolina, the statute of limitations is 3 years. Claims involving medical malpractice, government entities, or other specific circumstances may have different requirements or deadlines.
A wrongful death claim may also be subject to a 3-year deadline from the date of death, depending on the circumstances.
Because missing a legal deadline can prevent your family from pursuing a claim, it is important to seek legal advice as soon as possible.
Hoffman Law Firm can review the circumstances of your loved one’s injury or death and help determine which deadlines and legal requirements may apply.
How much does it cost to hire a slip and fall attorney at Hoffman Law Firm?
Hoffman Law Firm handles qualifying nursing home abuse and neglect cases on a contingency fee basis.
This means you do not pay an upfront attorney retainer. The firm’s fee is based on an agreed percentage of the financial recovery obtained for your family.
If there is no recovery, you owe no attorney fee.
Contact Hoffman Law Firm to discuss your loved one’s situation during a free consultation.
What should I do if an insurance adjuster calls me after my slip and fall?
Be careful about giving a recorded statement or signing insurance documents before you understand your rights.
An insurance adjuster may ask questions about:
What you say could affect your claim. You can tell the adjuster that you need time to review the matter and speak with an attorney before providing a statement.
Hoffman Law Firm can handle communications with the insurance company and help protect your interests while your slip and fall claim is evaluated.
What if my loved one has dementia or cannot clearly explain what happened?
A resident does not necessarily need to be able to explain the abuse or neglect for a family to pursue a claim.
When a resident has dementia, cognitive impairment, or difficulty communicating, other evidence may help establish what happened, including:
A detailed review of the records may help identify changes in the resident’s condition or patterns of care that require further investigation.
Hoffman Law Firm can investigate the available evidence and help your family determine whether your loved one’s care may have been inadequate or abusive.
How do I know if I have a valid slip and fall case worth pursuing?
You may have a premises liability claim if you were injured because of a dangerous condition on someone else’s property and the property owner or another responsible party failed to take reasonable steps to address the hazard or warn you about it.
Evidence can be important. Photos of the hazard, surveillance footage, witness information, medical records, and incident reports may help establish what happened and who was responsible.
You do not have to determine liability on your own.
Hoffman Law Firm can review the circumstances of your slip and fall or trip and fall, evaluate the available evidence, and explain your legal options during a free consultation.
What types of compensation can our family recover from a negligent nursing home?
Depending on the circumstances of the case, compensation may include damages for medical expenses, hospitalization, rehabilitation, corrective treatment, and other costs related to the resident’s injuries.
A claim may also seek compensation for:
In certain cases involving particularly serious or wrongful conduct, punitive damages may also be available under South Carolina law.
The types and amount of compensation depend on the facts of the case and the applicable law.
Hoffman Law Firm can evaluate your family’s losses and explain what types of compensation may be available under your claim.
Can I put a camera in my loved one's nursing home room in South Carolina?
South Carolina does not have a specific law that broadly authorizes or prohibits cameras in nursing home rooms. However, privacy, consent, roommate rights, facility policies, and recording laws can all affect whether a camera or other monitoring device may be used.
The situation can be more complicated when:
Before installing a camera, consider discussing the situation with an attorney to understand the applicable privacy and recording rules.
Hoffman Law Firm can review the circumstances and help your family understand the legal considerations surrounding nursing home monitoring.
The nursing home claims my parent is just bruising easily due to age. Could it be abuse?
Older adults can bruise more easily because of fragile skin, medications, or certain medical conditions. However, unexplained, severe, or repeated bruising should not automatically be dismissed as normal aging.
Ask the facility to document the injury and explain when and how it occurred. Depending on the circumstances, suspicious bruising may require further investigation.
Consider documenting injuries with photographs and keeping copies of medical records and incident reports.
Hoffman Law Firm can help your family investigate unexplained injuries and determine whether abuse, neglect, or another form of negligence may have contributed.
If I complain or file a lawsuit, will the nursing home retaliate against my family member?
Residents and their families have protections against certain forms of retaliation for raising concerns about care or exercising their legal rights.
If you are concerned about retaliation, document what happens and report serious concerns to the appropriate authorities. The South Carolina Long-Term Care Ombudsman Program may also provide assistance with resident rights and complaints.
Examples of conduct that should be taken seriously may include:
Hoffman Law Firm can help your family document concerns, communicate with the facility, and evaluate whether legal action may be appropriate.
Can a nursing home evict or kick my parent out for complaining or having high care needs?
A nursing home generally cannot simply remove a resident because the resident or family member raises legitimate concerns.
Federal nursing home regulations establish requirements for involuntary transfers and discharges. A facility generally must have a legally permitted reason, provide required notice, and follow applicable procedures.
If a facility attempts to discharge your loved one, review the notice carefully and seek legal assistance quickly. Certain situations may involve appeal rights or other protections.
Hoffman Law Firm can review a proposed discharge and help your family understand its rights and available options.
Is leaving a resident in soiled clothing considered actionable neglect?
It can be. Nursing home residents should receive appropriate assistance with personal hygiene, toileting, and changing soiled clothing or briefs based on their care needs.
Repeated or prolonged exposure to moisture and waste can contribute to skin breakdown and other health problems, particularly for residents who are already vulnerable to pressure injuries or infection.
A single incident does not automatically establish legal liability. The frequency, duration, resident’s care needs, facility response, and resulting harm all matter.
Hoffman Law Firm can investigate whether inadequate hygiene or other failures in care contributed to your loved one’s injuries.
What if the nursing home made my family member sign an arbitration agreement upon admission?
A nursing home admission packet may contain an arbitration agreement that requires certain disputes to be resolved through arbitration rather than in court.
Signing one does not necessarily mean your family has no legal options. The enforceability of an arbitration agreement can depend on factors such as who signed it, whether they had legal authority to do so, how the agreement was presented, and the terms of the agreement itself.
Do not assume that an arbitration clause automatically prevents your family from pursuing a claim.
Hoffman Law Firm can review the admission documents and arbitration agreement and explain whether there may be grounds to challenge its enforceability.
